KANNAN Vs. MANIKAMMAL

JUDGEMENT

(1.) The fair and decretal order dated 07.12.2011 and made in the application in I.A.No.2155 of 2011 are under challenge in this revision. The revision petitioners herein are the plaintiffs in the suit in O.S.No.454 of 2005, whereas the respondents herein are the defendants.

(2.) The revision petitioners have filed the above said suit as against the respondents herein and thereby sought the relief of partition in respect of first petitioner's 7/24th share. The second petitioner had purchased certain properties from the first petitioner and therefore, the second petitioner has also been arrayed as one of the plaintiffs.

(3.) The suit was resisted by the second defendant in the suit and after the completion of the examination of witnesses on both sides and when the matter stood posted for arguments, the petitioners, being the plaintiffs, had come forward with an application in I.A.No.2155 of 2011 to include certain family properties which were originally omitted to be included in the suit. This petition was contested by the respondents. However, the learned trial Judge had proceeded to dismiss the petition on the ground that this petition was filed belatedly that too at the stage of hearing of arguments on either side. Having been aggrieved by the impugned order, this petition is filed by the plaintiffs.